What if a property's permits are missing in Malta?

Dr. Michael LaferlaNotary · Notary, Notarial Council of Malta

ProceduresReviewed: 6 July 2026

The short answer

If the architect checks with the Planning Authority and finds the property isn't covered by the necessary permits, it has to be put right before the sale completes — either sanctioned or regularised, or with the necessary works carried out so it complies with Planning Authority regulations. It doesn't automatically kill the deal, but it does have to be resolved.

What “missing permits” triggers

As Dr. Laferla explains, "if the architect, after checking with the Planning Authority, ascertains that the property is not covered with the necessary permits, then the property needs to be sanctioned, regularised, or… works need to be carried out in the said property so that the property will be in line with Planning Authority regulations."

The three routes to compliance

Sanctioning — obtaining after-the-fact approval for works carried out without a permit, where they can be approved.
Regularisation — bringing an irregular property into line under the applicable regularisation process.
Carrying out works — physically correcting the property so it complies with what the permits allow.

Whose responsibility it is

Tying back to illegal or unpermitted works, curing the defect is generally the seller's obligation under a properly drafted Konvenju — the property must be delivered compliant. Until it is, a purchase made subject to permits being in order gives the buyer their protection: the issue is resolved, or the buyer isn't bound to proceed.

Sources

Dr. Michael Laferla — Yitaku Asks video (architect checks with the Planning Authority; sanction, regularise, or carry out works)
Development Planning Act, Chapter 552 — sanctioning and regularisation; the Planning Authority
Maltese practice — the perit's compliance check; the seller's obligation to deliver a compliant property